LEON EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEON EDWARDS, APPELLANT,
STATE OF FLORIDA, APPELLEE
796 So. 2d 569
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Because the appellant filed his Rule 3.850 motion before the mandate was issued in the direct appeal of his convictions and sentences, the trial court was without jurisdiction to rule on the motion. See Akel v. State, 737 So. 2d 633 (Fla. 1st DCA 1999); Cabrera v. State, 721 So. 2d 1190, 1191 (Fla. 2d DCA 1998). Accordingly, we vacate the trial court’s order denying the Rule 3.850 motion without prejudice to the appellant’s right to refile the motion now that his direct appeal is final.
BOOTH, BARFIELD and MINER, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Omasta v. State, 830 So. 2d 261 (Fla. 2d DCA 2002)…). See also Jordan v. State, 782 So. 2d 443 (Ma. 2d DCA 2001) (holding that, once the notice of appeal was filed, the trial court was divested of jurisdiction and any order affecting the subject matter of the appeal was a nullity); Edwards v. State, 796 So. 2d 569 (Fla. 1st DCA 2001) (holding that, once the notice for a direct appeal was filed, the trial court had no jurisdiction to decide a rule 3.850 motion then pending in the case). [*262] Because the trial court acted in excess of its jurisdiction, we tre…
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Edwards v. State, 839 So. 2d 806 (Fla. 1st DCA 2003)…PER CURIAM. This is an appeal from a postconviction motion which the trial court summarily denied as successive. Although the trial court erred in ruling the appellant’s motion was successive, see Edwards v. State, 796 So. 2d 569, 570 (Fla. 1st DCA 2001), we affirm the trial court’s summary denial because the appellant’s claim, which is that his habitual offender sentence is illegal because one of the prior convictions used to habitualize him was for possessing cocaine, is w…
Authorities Cited
- Cabrera v. State, 721 So. 2d 1190 (Fla. 2d DCA 1998)
- Akel v. State, 737 So. 2d 633 (Fla. 1st DCA 1999)